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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10252 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10252
To direct the Administrator of the Environmental Protection Agency to
amend certain regulations for purposes of the renewable fuel program,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 22, 2024
Mr. Curtis introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To direct the Administrator of the Environmental Protection Agency to
amend certain regulations for purposes of the renewable fuel program,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cleaner Biofuels Act of 2024''.
SEC. 2. REVISED DEFINITION OF ADVANCED BIOFUEL.
Section 211(o)(1)(B) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)
is amended--
(1) in clause (i) by striking ``, other than ethanol
derived from corn starch,''; and
(2) in clause (ii)(II) by striking ``(other than corn
starch)'' and inserting ``, (including corn starch)''.
SEC. 3. SUPPLEMENTAL RIN GENERATION FOR CERTAIN RENEWABLE FUEL.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall promulgate, after notice and opportunity for
comment, a final rule--
(1) revising the regulations for carrying out the Renewable
Fuel Program to add to the product of the formula for
determining the number of gallon-RINs generated for a batch of
renewable fuel under Section 80.1426(f), title 40, Code of
Federal Regulations Supplemental gallon-RINs according to the
provisions under (A) and (B), subject to the limitations under
(C), when
(A) the renewable fuel produced is ethanol derived
from cornstarch, with lifecycle greenhouse gas
emissions that are at least--
(i) 50 percent less than baseline
greenhouse gas emissions, multiply the product
of the formula by 0.3; or
(ii) 60 percent less than baseline
greenhouse gas emissions, multiply the product
of the formula by 0.4;
(B) the renewable fuel produced is an advanced
biofuel with lifecycle greenhouse gas emissions that
are at least--
(i) 70 percent less than baseline
greenhouse gas emissions, multiply the product
of the formula by 0.5;
(ii) 80 percent less than baseline
greenhouse gas emissions, multiply the product
of the formula by 0.6;
(iii) 90 percent less than baseline
greenhouse gas emissions, multiply the product
of the formula by 0.7; or
(iv) 100 percent or greater than baseline
greenhouse gas emissions, multiply the product
of the formula by 1 times; and
(C) ensuring the resulting number of supplemental
gallon-RINs in (A) and (B) are awarded in the same D
code as the qualifying fuel, are calculated separately
then added to the total RINs calculated in 80.1426(f),
and are limited by the percentage portion attributable
to the renewable biomass per batch;
(2) identifying applicability of supplemental RIN
generation to renewable fuels including types of renewable
fuels from--
(A) renewable biomass produced on eligible acres,
as verified by the Administrator;
(B) production processes certified by the
Administrator; or
(C) other processes or activities resulting in
lifecycle greenhouse gas reductions the Administrator
considers appropriate when used in the production of
such renewable fuel from renewable biomass;
(3) ensuring the renewable fuel obligation determined by
the Administrator accounts for the increased availability of
advanced biofuel RINs as a result of subparagraphs (1) and (2)
in order to maintain the requirement of section
211(o)(2)(B)(i)(II) of the Clean Air Act (42 U.S.C. 7545(o)(2))
by--
(A) based on data reported as of 9/30, adjusting
upward the subsequent year's RVO, as determined by
211(o)(2)(B)(ii)-(iii), by adding to the applicable
Annual Volume of advanced biofuel the result of--
(i) the total number of Supplemental RINs
calculated under 3(a)(1)(A)-(B) and limited by
(C), divided by
(ii) the Equivalence Value of the fuel
produced;
(B) publishing an amended RVO for the following
year by 11/30 if more than X percent change from
previously published RVO; and
(C) ensuring that designated Supplemental RINs meet
eligibility requirements by using third-party auditors
to complete Quality Assurance Plan audits for
feedstocks, fuels, and processes; and
(4) formalizing timelines for the pathway petition review
and approval process by--
(A) setting mandatory timeframes for petition
reviews and determinations of approvals/denials,
including a mandatory approval process and timeframe if
there is EPA inaction on a pathway petition for more
than X 180 days;
(B) publishing and making transparent the lifecycle
calculation methodologies, models, and tools used to
make pathway petition determinations; and
(C) creating an Expanded Efficient Producer
Petition Process (EEPPP) by completing the necessary
lifecycle analyses and updating the Efficient Producer
Petition Process' administrative pathway tools to
include additional feedstocks, fuels, processes, and
activities including carbon oxide sequestration and
other processes, including those identified in
3(a)(2)(A)-(C).
(b) Applicability.--The revisions required by subsection (a) shall
apply beginning the first calendar year that begins after the date of
enactment of this Act.
SEC. 4. RESPONSIBILITIES OF THE ADMINISTRATOR.
(a) In General.--In carrying out Section 3 of this Act, the
Administrator shall--
(1) report annually to Congress on greenhouse gas emissions
impacts as a result of actions taken to carry out this Act,
including--
(A) the greenhouse gas emissions reductions from
processes and activities identified in 3(a)(2)(A)-(C)
including--
(i) the type and number of geological
sequestration mechanisms used in the production
of renewable fuel as certified by the
Administrator;
(ii) the number of verified eligible acres
of agricultural land by region; and
(iii) greenhouse gas emissions reductions
from farming on verified eligible acres as
compared to greenhouse gas emissions from
traditional farming practices; and
(B) the impact of the Supplemental RINs on the
Renewable Fuel Program including analysis of the
Supplemental RINs generated and status of the RIN bank
and market;
(b) In carrying out Section 3(a)(2) of this Act the Administrator
shall--
(1) confirm the eligibility of renewable fuels by
certifying the processes used to produce the renewable fuel
from renewable biomass (2) confirm the eligibility of renewable
fuels using carbon oxide geological sequestration in a class VI
well, in accordance with the permitting, monitoring,
recordkeeping, and other requirements applicable to underground
injection under part C of the Safe Drinking Water Act (42
U.S.C. 300h et seq.);
(2) verify eligible acres implementing farming practices
upon application by a producer in coordination with the
Secretary of Agriculture; and
(3) prohibit a RIN generator from generating Supplemental
RINs by double counting across domestic carbon programs the GHG
benefits from verified eligible acres implementing farming
practices;
(c) In carrying out Section 3(a)(3) of this Act, the Administrator
shall--
(1) make required adjustments to administrative systems
EMTS to designate and identify Supplemental RINs as distinct
from other RINs; and
(2) publish timely monthly reports to provide accurate
totals of Supplemental RINs awarded; and
(d) In carrying out Section 3(a)(4) of this Act, the Administrator
shall--
(1) allow ethanol producers using the Supplemental RIN
generation described in 3(a)(1)(A) to submit an Expanded
Efficient Producer Pathway Petition as defined by the
Administrator in 3(a)(4)(C); and
(2) allow advanced fuel producers using the Supplemental
RIN generation described in 3(a)(1)(B) to submit an Expanded
Efficient Producer Pathway Petition as defined by the
Administrator in 3(a)(4)(C).
(e) Coordination.--As part of the Administrator's responsibilities
under (a), the Administrator in coordination with the Secretary of
Agriculture shall--
(1) identify a verification system for eligible acres of
agricultural land producing renewable biomass qualified for
inclusion under 3(a)(2)(A);
(2) establish criteria for identifying, determining, and
assessing farming practices that reduce greenhouse gas
emissions associated with agricultural production per acre of
agricultural land;
(3) identify tools for the quantification of the effects of
farming practices that reduce the greenhouse gas emissions of
agricultural land including the total acres on which those
practices are being implemented; and
(4) establish a method for calculating the carbon intensity
score for agricultural land and processes that lower the
greenhouse gas emissions associated with agricultural practices
based in Argonne National Laboratory's Research & Development
Greenhouse gases, Regulated Emissions, and Energy use in
Technologies (GREET) lifecycle model and associated Feedstock
Carbon Intensity Calculator (FD-CIC).
(f) Regulations.--Not later than one year after the date of
enactment of this Act, the Administrator shall promulgate, after notice
and opportunity for comment, a final rule to carry out this section.
(g) Applicability.--The final rule promulgated pursuant to
subsection (a) shall apply beginning the first calendar year that
begins after the date of enactment of this Act.
SEC. 5 DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Baseline lifecycle greenhouse gas emissions.--The term
``baseline lifecycle greenhouse gas emissions'' has the meaning
given to such term in section 211(o)(1) of the Clean Air Act
(42 U.S.C. 7545(o)(1)).
(3) Batch of renewable fuel.--The term ``batch of renewable
fuel'' has the meaning given to such term in Section 80.1426(d)
of title 40, Code of Federal Regulations.
(4) Carbon intensity score.--The term ``carbon intensity
score'' means a score to be assigned by the Administrator using
Argonne National Laboratory's Research & Development Greenhouse
gases, Regulated Emissions, and Energy use in Technologies
(GREET) lifecycle model and associated Feedstock Carbon
Intensity Calculator (FD-CIC) for calculating such scores
established under Section 4(e)(2), and attributable to an acre
of agricultural land representing the amount of carbon dioxide
emissions avoided with respect to such acre per year, based on
the farming practices implemented on such land, which may take
into consideration the geographic region in which the farming
practice is implemented.
(5) Eligible acre.--The term ``eligible acre'' means an
acre of agricultural land on which farming practices, meeting
the criteria established under Section 4(b), are implemented
that result in reduced greenhouse gas emissions associated with
that acre of agricultural land.
(6) Gallon-rin.--The term ``Gallon-RIN'' has the meaning
given to such term in Section 80.1401 of title 40, Code of
Federal Regulations.
(7) Lifecycle greenhouse gas emissions.--
(A) In general.--Subject to (B), the term
``lifecycle greenhouse gas emissions'' has the meaning
given to such term in section 211(o)(1) of the Clean
Air Act (42 U.S.C. 7545(o)(1)).
(B) Greet model.--The lifecycle greenhouse gas
emissions shall be based on the most recent
determinations under Argonne National Laboratory's
Research & Development Greenhouse gases, Regulated
Emissions, and Energy use in Technologies (GREET)
lifecycle model and associated Feedstock Carbon
Intensity Calculator (FD-CIC), or a successor model.
(8) Percentage portion.--
(A) In general.--Subject to 3(a)(C), the term
``percentage portion'' means the volume or mass of
renewable biomass from verified eligible acres or other
qualifying process or activity in a batch of renewable
fuel as compared to the total volume or mass of
renewable biomass in that batch of renewable fuel.
(B) Calculation.--the percentage portion shall be
based on the ratio of renewable biomass generated from
verified eligible acres or other qualifying process or
activity reported for the batch of renewable fuel to
all renewable biomass reported for that batch and
applied after determining all applicable calculations
under Code of Federal Regulations Section 80.1426(f) of
title 40, to determine the total number of gallon-RINs
that shall be generated for the batch.
(9) Renewable biomass.--The term ``renewable biomass'' has
the meaning given to such term in section 211(o)(1) of the
Clean Air Act (42 U.S.C. 7545(o)(1)).
(10) Renewable fuel.--The term ``renewable fuel'' has the
meaning given to such term in section 211(o)(1) of the Clean
Air Act (42 U.S.C.7545(o)(1)).
(11) Renewable fuel program.--The term ``Renewable Fuel
Program'' means the Renewable Fuel Program under section 211(o)
of the Clean Air Act (42 U.S.C. 7545(o)).
(12) Renewable identification number (rin).--The term
``Renewable Identification Number'' has the meaning given to
such term in Section 80.1401 of title 40, Code of Federal
Regulations.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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